2003/04/09 Council Agenda Packet

any manner be considered as imposing any obligation, duty or liability upon the Grantor as to the safety or propriety of such construction, work or activity. 5. As-Built Survey: After completion and upon Grantor's request, County shall provide Grantor within 15 business days as-built drawings and a survey showing the location of the foundation footings. 6. Damages: Any property of the Grantor in any way damaged or destroyed by the County, its agents, contractors or subcontractors incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the County, its agents, contractors or subcontractors to the satisfaction of the Grantor. In the alternative, if so required by the Grantor, the County shall promptly pay to the Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or any other changes or repairs to Grantor's facilities that become necessary for Grantor to perform by reason of the construction, use and maintenance of the improvements on Grantor's property. For the purpose of this paragraph, "cost" shall be defined as all direct costs of materials, labor and service, transportation of workers, material, and equipment, storage, expense of material and rental equipment. 7. Exclusive: This Easement shall be deemed exclusive and the Grantor shall be prohibited from granting permission to others to occupy any portion of the easement granted to the Grantee. The Grantor reserves the right to use said Easement area for purposes that will not interfere with the County's full enjoyment of the rights herein conveyed. 8. Hold Harmless Clause: Except as otherwise provided in this paragraph, the County hereby agrees to defend and indemnify the Grantor from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by County (or its employees, agents, representatives, contractors, and subcontractors/sub-consultants) relating to this Easement or the County's use of the premises. The County is obligated to defend and indemnify the Grantor pursuant to this paragraph whether a Claim is asserted directly against the Grantor, or whether it is asserted indirectly against the Grantor, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the Grantor. The County's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the County. The scope of the County's duty to indemnify the Grantor does not extend to Claims caused solely by the negligent acts or omissions or intentional misconduct of the Grantor. If(1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the County is to indemnify the Grantor is caused or results from the concurrent negligence and/or intentional misconduct of (a) the County, its employees, agents, representatives, �c`e 1 3